The Family Proceedings Fees (Amendment) Order 2015

• Citation: S.I. 2015/687
• Sections: 8

Section 1 Citation and commencement

This Order may be cited as the Family Proceedings Fees (Amendment) Order 2015 and comes into force on 6th April 2015.

Section 2 Amendment of the Family Proceedings Fees Order 2008

The Family Proceedings Fees Order 2008 is amended as follows.

Section 3 Amendment of the Family Proceedings Fees Order 2008

In article 1(2)—

(a) at the end of sub-paragraph (c), for “.”, substitute “;”; and

(b) after sub-paragraph (c) insert—

(d) “ EU Regulation 606/2013” means Regulation (EU) No. 606/2013 of the European Parliament and of the Council of June 2013 on mutual recognition of protection measures in civil matters; and

(e) “protection measure” and “protected person” have the same meaning as in EU Regulation 606/2013.

Section 4 Amendment of the Family Proceedings Fees Order 2008

After article 3, insert—

(3A) Fees 1.1, 5.1 and 5.3 in Schedule 1 (fees to be taken) are not payable—

(a) in any proceedings relating to protection measures under EU Regulation 606/2013 if the person who would otherwise be liable to pay the fee is the protected person;

(b) in proceedings for—

(i) a non-molestation order;

(ii) an occupation order; or

(iii) a forced marriage protection order,

under Part 4 or 4A of the Family Law Act 1996 ; or

(c) in proceedings issued by the person who commenced proceedings referred to in sub-paragraph (b), where that person applies to vary or discharge an order made in those proceedings.

Section 5 Amendment of the Family Proceedings Fees Order 2008

In Schedule 1 (fees to be taken)—

(a) omit fee 1.4;

(b) for the three notes following fee 3.3, substitute—

(c) omit fee 10.1;

(d) in sub-paragraph (c) of fee 15.1, after “(enforcement provisions);” omit “or”;

(e) after sub-paragraph (d) of fee 15.1, insert “; or” and the following sub-paragraph in the left hand column—

(e) an application for (and accompanying documentation), or an order for, or an application to vary, extend or discharge—

(i) a non-molestation order;

(ii) an occupation order; or

(iii) a forced marriage protection order,

under Part 4 or Part 4A of the Family Law Act 1996

(f) in the straddle header to fee 17, after “Affidavits” insert “in the High Court only”.

Section 6 Amendment of the Family Proceedings Fees Order 2008

In Schedule 2 (remissions and part remissions), in sub-paragraph (c) of the definition of “excluded benefits”—

(a) after “2002,” omit “or”;

(b) after “section 12B(1) of the Social Work (Scotland) Act 1968”, insert “or the Social Care (Self-directed Support) (Scotland) Act 2013 ”.

Section 7 Amendment of the Family Proceedings Fees (Amendment) Order 2013

The Family Proceedings Fees (Amendment) Order 2013 is amended as follows.

Section 8 Amendment of the Family Proceedings Fees (Amendment) Order 2013

In article 4 (divorce or dissolution of civil partnership)—

(a) in paragraph (1) for “Paragraph (2)” substitute “This article”;

(b) after paragraph (2) insert—

(3) Where the application to make a decree nisi or absolute or a conditional order final is made on or after 6th April 2015, paragraph (2) does not apply and the fee for the application is £50